Determination of a Complaint Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959

On April 4, 2011, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on November 19, 2010 and December 17, 2010, by ATU Local 1309 in San Diego, California.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that some eligible members did not receive the November 19, 2010 primary election ballots.

Apprised of these findings, ATU Local 1309 agreed to conduct a new election of officers under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on December 22, 2011. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by ATU Local 1309 on November 19, 2010 and December 17, 2010, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on December 22, 2011.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 19, 2010 and December 17, 2010 is not warranted.